Distance Selling Refund

McManus_2

Hi,

I signed up for an online course this evening and instantly realised that I had made a mistake and it is not suitable. I would like a refund and this comes under the distance selling regulations.

However, my course was a special offer and so was reduced and it says on their website that they will not refund courses that have been reduced or are on special offer.

Does a special offer mean I do not have a leg to stand on? I made this decision in real haste and therefore regret it and really cannot afford to lose the £360. If they will not refund me what would be the next steps?

Thanks.

wealdroam

McManus wrote: »

Hi,

I signed up for an online course this evening and instantly realised that I had made a mistake and it is not suitable. I would like a refund and this comes under the distance selling regulations.

However, my course was a special offer and so was reduced and it says on their website that they will not refund courses that have been reduced or are on special offer.

Does a special offer mean I do not have a leg to stand on? I made this decision in real haste and therefore regret it and really cannot afford to lose the £360. If they will not refund me what would be the next steps?

Thanks.

Have you started the course?
By that I mean that, after paying, have you been supplied with course materials and having reviewed those, seen that the course is unsuitable?

I ask because this sounds very much like a service.
The Distance Selling Regulations say that if you agree to the service starting immediately, then you forfeit your cancellation rights under DSRs.

What was the website you used?
Do their T&Cs say anything about cancellation?

McManus_2

wealdroam wrote: »

Have you started the course?
By that I mean that, after paying, have you been supplied with course materials and having reviewed those, seen that the course is unsuitable?

I ask because this sounds very much like a service.
The Distance Selling Regulations say that if you agree to the service starting immediately, then you forfeit your cancellation rights under DSRs.

What was the website you used?
Do their T&Cs say anything about cancellation?

I have been sent a code which gives me access to the course. I have not used the code therefore have not accessed the course.

The website says:

Under this refund policy, and under guidance of the long distance trading act the following policy is in effect; a refund may be provided upon receipt of a refund request within 7 days of purchase.
This is subject to the materials having not been accessed (if you have accessed the course you will not be eligible for a refund).

If a course is booked or reserved and a valid request to cancel is received in writing within 7 days of your original order then you refund will be fully granted subject to the below conditions:
Please Note:
Once a course has been accessed, we cannot grant a refund.
There can be no refunds for any discounted courses or special offers this includes any standard or custom packages that have been reduced below the standard on screen price.

I have not accessed the course so that is not a problem. However, the course was on special offer which they say means I cannot have a refund.

The website goes onto say:

Before you purchase an e-careers course, it is your responsibility ensure that the course is right for you, the e-careers website displays all the relevant information on all the courses, also demos are available for most courses featured on the website, kindly note by not having access to a demo will not give rights for cancellation.
The detailed course information is designed to reduce the risk of you making the wrong choice. Read the course description and technical requirements. Access the sample course (where available) to check that the course will run on your PC and that you are comfortable with the depth and style of the course.

Surely you are allowed to change your mind in a 7 day cooling off period?

wealdroam

You still haven't told us which website.

Do not access the course.

From what you have said, you are entitled to a refund.

In the first instance I would be asking for a refund simply because the course isn't suitable (you might want to give a reason).

At this stage I would not mention anything about cheap courses not being eligible for a refund. Let them mention that first.
I believe that is against the DSRs to refuse a cancellation for that reason.

If they refuse a refund, then come back here for further advice.
You may need to remind them of The Consumer Protection (Distance Selling) Regulations 2000, but we'll help with that should it be necessary.

McManus_2

wealdroam wrote: »

You still haven't told us which website.

Do not access the course.

From what you have said, you are entitled to a refund.

In the first instance I would be asking for a refund simply because the course isn't suitable (you might want to give a reason).

At this stage I would not mention anything about cheap courses not being eligible for a refund. Let them mention that first.
I believe that is against the DSRs to refuse a cancellation for that reason.

I attempted to post links but I am not allowed to due to being a new member.

The website is called e-careers but the course was advertised on reed.

I will not be accessing the course and am sending them a letter as specified in the refunds procedure which I am sending guaranteed delivery for Monday. If there is any hassle then I will contact the Citizens Advice Bureau.

Many thanks for the offer of help.

LondonGal

The best website for a quick answer to your question is actually designed for the seller not the buyer, written by Trading Standards and can be found here:

http://dshub.tradingstandards.gov.uk/

McManus_2

LondonGal wrote: »

The best website for a quick answer to your question is actually designed for the seller not the buyer, written by Trading Standards and can be found here:

Thanks for the very useful link.

I have just written to them and requested a refund sending it guaranteed by Monday delivery. Hopefully it will be simple and straightforward.

McManus_2

The citizens advice has a lot of good information on their website.

This was bought over the telephone and I was given pre-purchase information about the course but it also says:

If you are buying over the phone, the pre-purchase information can be given verbally to you

• information about your right to cancel, if applicable

I was not given this information verbally over the telephone but it is on their website. Does this count as me being given it?

It also says I should have received the following written information after purchase:

Written information you should get after you've bought the goods or services

Information about your cancellation rights

The written information about the right to cancel the agreement should include:

• how to cancel an agreement and the conditions which apply
• a postal address where you can contact the trader
• whether it will be your responsibility to cover the cost of returning the goods, and all associated costs, if the agreement is cancelled
• if the contract is for a service, a statement explaining that if you agree to the service being performed within the cancellation period, you will lose the right to cancel within seven working days from the day after the conclusion of the contract.

I only received an email stating how to redeem my voucher to access the course and a number and link for support. No mention of cancellation rights or a postal address. It says I must have this in writing which I have never received. Or is it simply putting it on the website counts as receiving it in writing.

By law everything is saying that I should be entitled to my money back and this letter should suffice. I am really annoyed with myself for letting myself succumb to a pushy salesperson.